PRIORITY ISSUES - RESOURCES AND LINKS

Budget & "Thornton" Bridge to Excellence Act
School Construction
Charter Schools
Fiscal Accountability Act & Audits
High School Standards & Assessments
Minority Student Achievement
Maintenance of Effort
Teacher Pension & Retirement
Early Education (Pre-K and Full-day K)

Budget & "Thornton" Bridge to Excellence Act

The following reports were presented to the General Assembly's budget committees on June 27, 2007

Maryland's Fiscal Structure and the Deficit Within
Mandated Appropriations in the Maryland State Budget
Balancing the Budget Without New Revenues
Appendices

Bridge to Excellence Act Adequacy Report - 1/2007

Bridge to Excellence Act funding Evaluation (MGT of America) - Executive Summary

Bridge to Excellence Act Adequacy Report - 1/2006

Summary of State Education Aid Programs

School Construction

MABE's Legislative Position
MABE's Resolution

Hot Topic - Standardized School Construction Plans

Governor's January 15, 2008 letter proposing a new Board of Public Works Appeals Process

MABE Urges the General Assembly to provide $400 million for school construction and renovation projects in fiscal year 2007.

NEW - State Regulations - Adopted by the Board of Public Works on April 17, 2007 (Published in the Maryland Register on February 16, 2007) - Full Text of the new regulations

MABE letter to Governor Ehrlich requesting $400 million in the FY 2007 capital budget - December 22, 2005

Press Release: MABE Urges Gov. Ehrlich to Invest Surplus in School Construction (PDF), Plain Text - December 21, 2005

Recent articles highlighting school construction funding needs:
- High Costs of Construction Hammers MD
- Counties Covet State Surplus for Schools
- A.A. Co. Superitnendent Seeks Record Amount
- Cost Rises Threaten MD School Projects

Six Urban County Executives request $400 million for school construction in fiscal 2007 (Letter to Governor Ehrlich) (9/16/05)
Baltimore County Executive Smith seeks $400 million for school construction (Letter to Governor Ehrlich)

NEW - IAC School Maintenance Proposals - Report to the Capital Debt Affordability Committee - 8/26/05

90 Day Report - Summary of School Construction Funding in the FY 2006 Capital Budget - 4/05
MABE letter to Senate Budget & Taxation Committee urging $250 million in FY 2006 - 3/05
House version of Capital Budget - $250 Million
Senate version of Capital Budget - $200 million
MABE testimony before the Budget & Taxation Committee supporting $250 million in FY 2006 - 1/05
Governor's letter responding to MABE pledging an additional $100 million in video lottery terminal (slots) revenue for school construction - 1/05
MABE letter to Governor and legislative leaders urging $250 million for the FY 2006 school construction program - 12/04
Capital Debt Affordability Committee FY06 Budget Recommendation - 9/04
School Facilities Act of 2004 (HB 1230)
Bill Analysis and Fiscal Note (HB 1230)
School Facilities Task Force Report

Charter Schools

NEW - Court of Appeals rejects State Board claim to authority to waive provisions of the Charter School Act Patterson Park Public Charter School, Inc., et al. v. The Baltimore Teachers Union, American Federation of Teachers Local 340, AFL-CIO, ET AL., No. 99, September Term,
2006 (May 7, 2007)

Court of Special Appeals affirms State Board guidance on commensurate funding in City Neighbors Charter School, et al. v. Baltimore City Board of School Commissioners (Aug. 31, 2006)

Imagine-Foundations Public Charter School v. Prince George's County Board of Education - remanded for expedited decision on opening in 2007 (08/29/06)

Imagine Belair Edison Charter School v. Baltimore City Board of School Commissioners - application denial remanded (5/24/06)
Monocacy Montessori Communities, Inc. v. Frederick County Board of Education - commensurate funding analysis (5/24/06)
UMOJA Academy v. Baltimore City Board of School Commissioners - application denial affirmed (5/3/06)

MABE's Position on Charter Schools
MABE's Legislative Position
MABE's Resolution

MABE's Commission on Charter Schools
MABE forms Commission on Charter School Authorization (Link to MABE Brief article)
Final Report of the Commission

2006 Legislative Session
Proposed Charter School Legislation and Funding Analysis (12/13/2005)
MABE Testimony
Testimony supporting Senate Bill 293 with amendments
(outline of proposed amendments with explanations for each)
Testimony supporting House Bill 651 with amendments

MSBE Testimony & Correspondence
Senate letter requesting State Board assurance that no waivers will be granted from the Charter School Act (11/27/05)
Senate letter asserting the State Board opinions 5-17, 18 and 19 misinterpreted legislative intent regarding funding and the status of employees (7/20/2005)
MSDE response to the Frederick County Board letter seeking clarification on per pupil funding issues (6/20/2005)
MABE Testimony before the State Board (Attaching Frederick County Board letter)(5/24/05)
MABE letter to the State Board commenting on the three opinions, 05-17, 05-18, and 05-19 (5/20/05)

State Board Opinions, Orders & Guidance

Orders
In August 2005, the State Board issued 10 orders responding to waiver requests from charter schools located in Baltimore City. The State Board responded to waiver requests regarding certification, collective bargaining, hiring authority, enrollment, food services, procurement, school calendar, and curriculum. Highlights include the following determinations:

"With the exception of a position for which no certification requirements presently exist, all professional staff must hold the appropriate Maryland certification."
"With the exception of positions not currently offered by BCPSS such as that of a karate teacher, all employees of [the charter school] are public school employees subject to the applicable collective bargaining provisions unless modifications are negotiated under Educ. Section 9-108(b)."
"[Charter schools] shall recruit and select all staff subject to the final approval of the CEO, and where required by statute, subject to the final approval of the Baltimore City Board of School Commissioners."
"[Charter schools] shall admit on a priority basis children of founders who are listed on the original charter application and reside in Baltimore City. [The charter school] shall then admit students from the catchment area approved by BCPPS. If [the charter school] receives more applicants from the catchment area than available slots, admission shall be determined by use of a lottery. If [the charter school] is not able to fill its available slots from students of founders and students living in the catchment area, [the charter school] may admit, through lottery if necessary, students residing outside the catchment area."

Link to complete summary of the orders and citations

- For more information regarding these orders, please feel free to contact John Woolums, (410) 841-5414 or jwoolums@mabe.org.

Opinions
"Commensurate Funding" Defined
Monocacy Montessori Communities, Inc. v. Frederick County Board of Education (5/23/06)

(Note: The following three opinions were revised and reissued on May 26, 2005 following the State Board meeting on May 24-25.)
City Neighbors Charter School v. Baltimore City Board of School Commissioners, Opinion 05-17 Revised (5/26/05)
Lincoln Public Charter School v. Prince George's County Board of Education, Opinion 05-18 Revised (5/26/05)
Patterson Park Public Charter School v. Baltimore City Board of School Commissioners, Opinion 05-19 Revised (5/26/05)

Standard of Review Defined for Appeals from Denials
Potomac Charter School v. Prince George's County Board of Education, Opinion 05-08 (3/11/05)
UMOJA Academy v. Baltimore City Board of School Commissioners 06-14 (5/3/06)

Denials Affirmed on Appeal
Columbia Public Charter v. Howard County Board of Education, Opinion 05-31 (9/27/05)
Ben Carson Charter School , Denise Beck, and Independent Child Study Teams v. Harford County Board of Education, Opinion 05-21 (6/7/05)

Denials Remanded on Appeal
UMOJA Academy v. Baltimore City Board of School Commissioners (5/23/06)

Lack of Identified Facility
Chesapeake Public Charter School v. St. Mary's County Board of Education, Opinion 05-23 (7/21/05)

No Cap on Number of Charters
City Neighbors Charter School v. Baltimore City Board of School Commissioners, Opinion 04-38 (10/6/04)

No Delay in Application Process
Potomac Charter School v. Prince George's County Board of Education, Opinion 04-32 (8/4/04)

State Board Guidance
(Note: These are the MSDE materials incorporated as exhibits and attached to the revised State Board Opinions 05-17, 05-18, and 05-19.)
- Use of Average Per Pupil Funding and Central Support
- Steps to include Title I Funding for Charter Schools
- Charter Schools and Special Education: Funding and Service Issues

NEW - Circuit Court Decisions
Reversing and remanding the State Board's opinion
Prince George's County Board of Education v. Lincoln Public Charter School, Inc.
Dismissing as moot and criticizing the State Board's rulemaking
Baltimore City Board of School Commissioners v. City Neighbors Charter School, et al.

COMAR Regulations
MABE testimony on the proposed waiver regulations before the Joint Committee on Administrative, Executive, and Legislative Review (AELR) (6/29/05) (Note: Following the AELR committee hearing the Stae Board and MSDE reconsidered proposing revised regulations and decided not to pursue any new regulations.)
MABE comments on the proposed waiver regulations (5/31/05) (Note: MABE's comments refer to a significant revision of the proposed regulations described in a footnote in revised Opinions 05-18 and 05-19.)
Proposed Regulations: State Board Waivers for Charter Schools (4/29/05)
Regulations would have provided for the process and timeline for State Board decisions on waiver requests from charter schools with approved charter applications.

Privitization Issues
Abell Foundation Study: "Going Public With School Privatization: State’s contract with Edison Schools, Inc. is in its fifth year. A new report examines the arrangement and raises the question: Is it a good deal for the Baltimore City Public Schools?" Link to The Abell Report

U.S. Department of Education decision regarding for-profit charter schools and eligibility for federal grant funding.
On April 8, 2005, the Arizona Department of Education (ADE) notified for-profit charter schools that the United States Department of Education (USDE) had completed an audit of the ADE and determined that the State's 52 for-profit charter schools are not entitled to receive federal funds. Although they are considered public schools under Arizona's law, the USDE found them ineligible for Title I or IDEA funds. After June 30, 2005, only those entities that are considered non-profit will be able to receive federal funds.

Minority Student Achievement - Eliminating Achievement Gaps

MABE's Resolution

Final Report of the Task Force on the Education of Maryland’s African-American Males (December 2006)

Background & Resources - EdWeek Research Center

What States Are Doing - Education Commission of the States

Maintenance of Effort

MABE's Legislative Position
MABE's Resolution

THE COMMISSION TO STUDY LOCAL MAINTENANCE OF EFFORT

Final Report - June 2007

Commission Mission Statement
Commission Membership
Co-Chairs: Calvin. D. Disney (State Board Member), and Barbara Hoffman (former State Senator)

Meeting Schedule:
All meetings to be held at the Maryland State Department of Education, 200 W. Baltimore Street, Baltimore, MD, in the Board Room on the 7th floor, from 9:30 a.m. to 11:30 a.m.

• June 27, 2005
  Agenda, Overview of 1996 Amendments

• August 25, 2005
  Agenda, MACo Survey Results, DLS Overview of the Thornton Commission & Bridge to Excellence Act
  Attorney General Opinions
  - Defining "Highest Local Appropriation" (1991)
  - Two Opinions Defining Non-Recurring Costs
  (February 1997) and (May 1997)

• September 16, 2005
  Agenda, Calvert County Presentation, St. Mary's County Presentation - Slides & Agreement, Meeting Minutes

• October 7, 2005
  Agenda, Local Education Effort DLS Presentation,
  Non-Recurring Cost Trends & Historical Perspective, Non-Recurring Cost Calculation

• October 19, 2005
  Agenda, "Thornton" Bridge to Excellence Adequacy Analysis

• November 2 , 2005
  Harford County School System Presentation, Caroline County School System Presentation, Montgomery County Table, MABE Presentation

• November 16, 2005
  Agenda, MACo Presentation: The Counties' Commitment to Funding Education in the Face of Fiscal Challenges, Minutes from Nov. 2

• November 30, 2005

• December 14, 2005

Lead Staff:
Renee' M. Spence (410) 767-0469
e-mail: rspence@msde.state.md.us
Mary Clapsaddle (410) 767-0010
mclapsaddle@msde.state.md.us

MABE Materials
MABE's Legislative History & Background on MOE
MABE letter to Commission requesting adequacy analysis (10/3/05)

Student Assessments - High School Assessments (HSAs), Maryland School Assessments (MSAs), the American Diploma Project, and more.


High School Assessments (HSAs)

MABE's testimony before the State Board on the HSA Program (Sept. 18, 2007)

State Board directed to hold 5 regional public hearings on HSAs in September 2007 - Joint Chairmen's Report


State Board response to MABE following adoption of HSA Graduation Requirements - 9/10/04
 State Board grants MSDE request to draft regulations to make HSAs a granduation requirement and create multiple diplomas
  MABE letter to the State Board following adoption of the HSA graduation requirement
  HSAs as a graduation requirement MABE, MSTA, and ACY letter to State Board - 11/13/03
  HSAs as a graduation requirement - State Board

response - 6/6/03

  HSAs as a graduation requirement - MABE letter to

State Board - 4/30/03

  MABE's HSA Resolution

 

American Diploma Project (ADP)

What is the American Diploma Project?
As described by the Education Commission of the States, "Four organizations – Achieve, the Education Trust, the National Alliance of Business, and the Fordham Foundation – have joined forces to strengthen ongoing standards-based reform efforts at the state level. The American Diploma Project aims to develop and solidify demand for standards-based high school assessment data in admissions and hiring processes; assist states in revising and/or strengthening their current standards-based systems; and develop national high school graduation benchmarks in English language arts and mathematics that all states may use to calibrate the quality and rigor of their standards and assessments."

MSDE background materials: Memo to State Board (10/25/2005), and Side-By-Side of Maryland and Other High School Standards

Link to Achieve Inc. for ADP details

Link to The Education Trust for ADP details

Link to American School Board Journal article on ADP

Link to the Kentucky Council of Postsecondary Education for ADP details

Achieve Inc.'s 2004 study of high school standards (5 States participated in the study, including Maryland):
Do Graduation Tests Measure Up? A Closer Look at State High School Exit Exams (June 2004)
Links to the Executive Summary, and Final Report

 

Teacher Pension & Retirement

State Retirement Agency Guidance for Participating Governmental Units (PGUs)

MABE's Legislative Position
MABE's Resolution
MABE Talking Points

House Bill 1737

Teachers’ and Employees’ Pensions: History and Outlook for Enhancement & Reform
PowerPoint, PDF

Joint Committee on Pensions
Senator Edward J. Kasemeyer, Senate Chairman
Delegate Mary-Dulany James, House Chairman

Interim Report - 1/23/2006

Briefing on options for enhancing and/or reforming Maryland's teacher and state employee pension benefit system - 11/12/2005

Staff contacts: Anne E. Gawthrop or Martin Levine, Dept. of Legislative Services
Telephone: 410-946-5350 (Annapolis/Baltimore Area) 301-970-5350 (Washington, D.C. Area